Korea's Patent Court Saves the "Cuckoo Mat" Mark From Non-Use Cancellation
How a registered service is described can decide whether a trademark survives a non-use attack. In a judgment of 15 September 2026, reported by The Asia Business Daily on 8 October, the Fifth Division of Korea's Patent Court overturned a decision of the Intellectual Property Trial and Appeal Board (IPTAB) that had cancelled the Cuckoo Mat trademark.
The mark is co-owned by two individuals, identified in the report as Mr. Gu and Mr. Kim, and registered for the service "internet general shopping mall". Mr. Gu sold mats, scratch removers, urinal deodorisers, openers and other products through a Naver Smart Store and his own online shop. In February 2024, Cuckoo Homesys, an affiliate of the rice-cooker maker Cuckoo Electronics, asked the IPTAB to cancel the registration, arguing that the owners had not used it for that service for more than three years.
According to the report, the IPTAB agreed in January 2026. It read "general shopping mall" as a commercial building, like a department store, housing many independent retailers, and held that one online store selling its own goods did not qualify.
According to the report, the Patent Court took a different view. Citing among other sources the Nice Classification administered by WIPO, it said the essence of an internet general shopping mall is selling a variety of goods online so that consumers can compare and buy them conveniently. The service does not have to involve multiple sellers, and the size of the business is not the test. Because Mr. Gu had sold various goods under the mark and used it in advertising on Naver Smart Store, a blog and YouTube within the three years before the petition, the mark was validly used and could not be cancelled.
The ruling is Korean, but the issue is common. Indonesia's Marks Law also allows removal of a registered mark for non-use (Article 74 of Law No. 20 of 2016). Owners should check that the services listed in their registrations match how they actually trade online, and keep dated evidence of that use.
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